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Background

Betsy Flanagan is a Principal in the Twin Cities office of Fish & Richardson.  Her practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology and pharmaceutical litigation, including Hatch-Waxman litigation.  Betsy has worked on a variety of technologies, including, for example, pharmaceutical formulations, glaucoma drugs, hair growth agents, dermal fillers, nucleosides, antibodies, biologics, and sleep apnea devices.  She has experience in all phases of litigation, including pre-filing due diligence, document collection and production, managing fact and expert discovery strategy, depositions, discovery hearings, claim construction hearings, and settlement.  Betsy regularly leads briefing for claim construction, summary judgment and other dispositive motions, and post-trial issues, including JMOL.  Betsy’s trial experience includes both bench and jury trials.  In addition to district court litigation, Betsy has also worked on a number of Federal Circuit appeals, has practiced before the International Trade Commission, and has experience in post-grant proceedings, including inter partes review.

Before joining Fish, Betsy was a Staff Chemist for Merck & Co., Inc. working on vaccine research, and was a Law Clerk at Fair Isaac Corporation.

Education

J.D., University of Minnesota Law School 2008
magna cum laude


B.A., Cornell University 2003
Chemistry
with distinction in all subjects

Admissions

  • Minnesota
  • Delaware
  • Michigan
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Delaware
  • U.S. District Court for the District of Minnesota

Memberships & Affiliations

​One of eight litigation attorneys selected to participate in the 2013 Federal Trial Practice Seminar, an intensive litigation seminar culminating in a mock trial that is administered by the United States District Court for the District of Delaware.
Lead Managing Editor, Minnesota Law Review​

Other Distinctions

Selected by her peers as a Super Lawyers Rising Star in 2013, 2017, and 2018.

Named a “Life Science Star” by LMG Life Sciences (2017).

2007-2008 Student Category Winner, Ladas Memorial Award, International Trademark Association

Publications

Mixed Results When New Attribution Standard is Put to the Test with Life Science Divided-Actor Method Claims,” with Gina Nellesen and Tasha Francis, Fish Litigation Blog (March 3, 2017).

US Solicitor Sides With Sandoz In Biosimilar Case,” with Gina Nellesen, Law360 (December 20, 2016).

Solicitor General Claims Error in Federal Circuit’s Sandoz Holding,” with Gina Nellesen, Fish Litigation Blog (December 14, 2016).

Update on pleading standards in Hatch-Waxman cases,” Fish Litigation Blog (November 2013).

Orange Book Listing Opportunities for Drug-Device Combinations,” BNA Pharmaceutical Law & Industry Report (December 2011).

“No Free Parking: Obtaining Relief from Trademark-Infringing Domain Name Parking,” MINN. L. REV., 92, 498 (2007).

“Sustained High-Titer Antibody Responses Induced by Conjugating a Malarial Vaccine Candidate to Outer-Membrane Protein Complex,” with Y. Wu, C. Przysiecki, et al., Proc. Natl. Acad. Sci. USA, 103, 18243–248 (2006).

Presentations

Hatch-Waxman and Biosimilars: A Total Immersion Course Encompassing Strategies for Prosecution, FDA Regulation, Post-Grant Challenge, Litigation and Appeal,” Patent Resources Group Advanced Patent Law Course (April 15-17, 2018).

“2017 Year in Review,” Fish’s Boston Breakfast Series, (January 10, 2018).

Enjoining Life Sciences Competition:  A Review and Discussion,” Fish Litigation Webinar (November 9, 2017).

Biosimilars:  A Mid-Year Review,” Fish Litigation Webinar (August 16, 2017).

“Equitable Defenses in Patent Cases,” Patents on Tap (September 15, 2016).

“Sleuthing the IP World: Assessing Risk Through Patent Due Diligence,” Patents on Tap (November 17, 2015).

Experience

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What's trending with Betsy

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News
April 25, 2018
Fish & Richardson Wins Federal Circuit Affirmance of Reversal of $200 Million Damages Against Gilead After Merck’s “Unclean Hands”
Press Release
Event
November 9th, 2017 | 1:00 pm EST
Enjoining Life Sciences Competition: A Review and Discussion
Enjoining Life Sciences Competition: A Review and Discussion
Webinar
Fish Litigation Blog
March 3, 2017
Mixed Results When New Attribution Standard is Put to the Test with Life Science Divided-Actor Method Claims
Webinar: Patentability of Software After Alice
Authors: Betsy Flanagan, Tasha M. Francis, Ph.D.
IP Litigation
Life Sciences
Fish Litigation Blog
December 14, 2016
Solicitor General Claims Error in Federal Circuit’s Sandoz Holding
Solicitor General Claims Error in Federal Circuit’s <em>Sandoz</em> Holding
Author: Betsy Flanagan
IP Litigation
Federal Circuit
Life Sciences
News
May 3, 2018
American Lawyer: The Women Warriors Behind Gilead’s Huge Federal Circuit Win
Media Mention
Articles
Event
April 15th, 2018 | 8:15 am CDT
Patent Resources Group (PRG) Spring 2018 Advanced Courses Program
Patent Resources Group (PRG) Spring 2018 Advanced Courses Program
Speaking Engagement
News
October 13, 2017
11 Fish & Richardson Principals Named 2017 "Life Sciences Stars" by LMG Life Sciences
Press Release
News
October 6, 2017
Fish & Richardson Named 2017 Delaware Regional Powerhouse By Law360
Press Release
Event
August 16th, 2017 | 1:00 pm EDT
Biosimilars – A Mid-Year Review
Biosimilars – A Mid-Year Review
Webinar
News
June 13, 2017
PTAB Rules in Favor of Fish Client Coherus BioSciences in Two More IPR Decisions
Articles
News
May 17, 2017
Fish Client Coherus BioSciences Prevails in ‘135 IPR Decision
Press Release
News
December 21, 2016
"US Solicitor Sides With Sandoz In Biosimilar Case" Law360 article
Media Mention
Articles
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